Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
HB2858 by Gallego (Relating to the definition of emergency services personnel for purposes of the enhanced penalty prescribed for an assault committed against a person providing services in that capacity.), As Introduced
The bill would amend the Penal Code to redefine "Emergency services personnel" to include emergency room personnel, for purposes of enhancing the punishment prescribed for the offense of assault. Under current statute, a Class A Misdemeanor assault is enhanced to a felony of the third degree if the offense is committed against emergency services personnel providing services in that capacity.
A Class A Misdemeanor is punishable by confinement in county jail for a term not to exceed one year and/or a fine not to exceed $4,000. A felony of the third degree is punishable by confinement in prison for a term from 2 to 10 years and, in addition to confinement, an optional fine not to exceed $10,000.
For this analysis it is assumed implementing the provisions of the bill would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources of those agencies.